THIS IS A GUARDING SERVICES AGREEMENT (this “Agreement”) by and between “Client” (as identified in the Quote and sometimes referenced herein as “You” or “Your”) , and Titan Protection and Consulting, Inc., (“Titan” or “We”), a Kansas corporation with an office located at 9350 Metcalf Ave. - Suite 210, Overland Park, KS 66212. This Agreement adopts and incorporates the terms and conditions set forth in the Quote and Titan’s General Terms and Conditions now existing and shall become effective on the “Effective Date” defined below. Client and Titan shall be referred to herein each as a “Party” and together as the “Parties.”
RECITALS
Client desires to obtain security guarding services. Titan is in the business of providing security guarding services and has the ability to provide quality security services.
NOW THEREFORE, in consideration of the promises and covenants contained in this Agreement and other good and valuable consideration, the receipt of which is hereby acknowledged, the Parties agree as follows:
- SERVICES. Titan agrees to provide the services and otherwise adhere to all other procedures, policies and conditions which are set forth in this Agreement, the Quote and Titan’s General Terms and Conditions (the “Services”). The Services may be amended only by a mutual agreement in a separate writing signed by Client and by Titan’s President. The Services shall be performed by qualified and competent personnel in accordance with recognized practices and industry standards, and in a matter to reduce the risk of injury to persons and damage to property. In performing the Services, Titan shall ensure that employees comply, at all times, with all federal, state, and local laws, ordinances, rules, and regulations applicable to Titan or the Services.
- TERM. The initial term of this Agreement shall be as specified int eh Quote and begins on the Effective Date (“Initial Term”). Thereafter, the Agreement shall automatically renew for additional terms of the same duration (“Renewal Term”) unless terminated pursuant to the terms of this Agreement or unless one Party delivers to the other written notice of its intent not to renew the Agreement not later than the non-renewal deadline specified in the Quote.
- QUOTE. The Quote contains information about the pricing, equipment, scope of services, payment options, exclusions, available add-on options and other material terms and conditions that apply to the Services purchased by Client. The Quote is hereby adopted by reference as if set forth fully herein.
- INVOICING AND PAYMENT. Titan shall invoice Client monthly, and all invoices shall be paid in full within 30 days from the date of the invoice. Prices are exclusive of any applicable sales or use taxes. To the extent permitted by applicable law, Titan reserves the right to charge a 3% carrying charge on any invoice not paid within 30 days of the due date. The carrying charge will continue to accrue at 3% of the original balance, for every 30 days thereafter that the invoice remains unpaid. Titan reserves the right to suspend, or reinstate, service for any invoice that remains unpaid past its due date.
- CLIENT ACKNOWLEDGEMENT. Nothing in this Agreement shall be construed to suggest that Titan, its employees, agents, or security guards are compelled, required, contracted to, or willing to RISK PERSONAL INJURY OR DEATH TO PROTECT THE LIFE OR LIVES, OR PROPERTY OF CLIENT OR ANY OF ITS AGENTS, EMPLOYEES, BUSINESS INVITEES, VISITORS, OR ANY OTHER PERSON.
- INSURANCE. Client is responsible for obtaining all insurance coverage that Client believes is necessary to protect its residence, business, belongings, and persons in or on Client’s Premises, including coverage for personal injury and property damage. CLIENT ACKNOWLEDGES THAT THE PAYMENTS IT MAKES UNDER THIS AGREEMENT ARE NOT RELATED TO THE VALUE OF THE PREMISES, YOUR POSSESSIONS, OR THE PERSONS OCCUPYING OR AT ANY TIME PRESENT IN OR ON THE PREMISES, BUT RATHER ARE BASED ON THE COST OF THE SYSTEM AND THE SERVICES AND TAKE INTO CONSIDERATION THE LIABILITY AND DAMAGE PROTECTIONS AFFORDED TO TITAN UNDER THIS AGREEMENT. Client understands that the Services provided under this Agreement are designed to reduce, but not eliminate, certain risks. Titan does not guarantee that the Services will prevent personal injury, unauthorized entrances, property loss or damage, fire loss or damage and smoke damage to the Premises. Titan and the Company Related Parties assume no liability for those risks.
IN CASE OF ANY THIRD-PARTY CLAIM OR LOSS COVERED BY YOUR INSURANCE, CLIENT AGREES NOT TO LOOK TO TITAN FOR REIMBURSEMENT. CLIENT WAIVES ANY RIGHTS THAT ITS INSURANCE CARRIER(S) OR OTHERS CLAIMING THROUGH THEM MAY HAVE AGAINST TITAN, INCLUDING ANY RIGHTS OF SUBROGATION. - LIMITATION OF LIABILITY. CLIENT ACKNOWLEDGES THAT NEITHER TITAN NOR ITS AFFILIATES, NOR ANY OF ITS OR THEIR AGENTS, REPRESENTATIVES, SUPPLIERS, SERVICE PROVIDERS, CONTRACTORS OR SUBCONTRACTORS, IS AN INSURER OF OR AGAINST ANY POTENTIAL OR ACTUAL LOSS OR DAMAGE TO PERSON OR PROPERTY THAT MAY OCCUR IN OR AT THE PREMISES, WHETHER AS A RESULT OF BURGLARY, THEFT, FIRE, SMOKE, CARBON MONOXIDE POISONING, PHYSICAL HARM TO ANY PERSON, ENTRY IN OR ONTO THE PREMISES, THE CONDUCT OF ANY PERSONS IN OR ON THE PREMISES, EQUIPMENT INSTALLATION (IF APPLICABLE) OR OTHERWISE. YOU ACKNOWLEDGE THAT THE PAYMENTS YOU MAKE UNDER THIS AGREEMENT ARE NOT RELATED TO THE VALUE OF THE PREMISES, YOUR POSSESSIONS, OR THE PERSONS OCCUPYING OR AT ANY TIME PRESENT IN OR ON THE PREMISES, BUT RATHER ARE BASED ON THE COST OF THE SYSTEM AND THE SERVICES, AND TAKE INTO CONSIDERATION THE PROTECTIONS AFFORDED TO COMPANY UNDER THIS AGREEMENT.
IF TITAN OR ANY OF ITS AFFILIATES, OR ANY OF ITS OR THEIR AGENTS, REPRESENTATIVES, SUPPLIERS, SERVICE PROVIDERS, OR SUBCONTRACTORS (INCLUDING ANY COMPANY RELATED PARTIES) ARE FOUND LIABLE FOR ANY LOSS OR DAMAGE DUE TO ITS OR THEIR NEGLIGENCE OR THE FAILURE TO PERFORM ITS OR THEIR OBLIGATIONS UNDER THIS AGREEMENT IN ANY RESPECT AT ALL, THE MAXIMUM LIABILITY (INCLUDING JOINT AND SEVERAL LIABILITY) WILL BE $1,000.00. TITAN MAY ASSUME A GREATER LIABILITY UPON YOUR REQUEST, BUT ONLY FOR AN ADDITIONAL CHARGE AGREED UPON BY YOU AND TITAN IN A WRITING SIGNED BY TITAN’S PRESIDENT. IF TITAN DOES SO, A RIDER TO THIS AGREEMENT MUST BE SIGNED BY YOU AND TITAN. UNDER NO CIRCUMSTANCE SHALL TITAN’S AGREEMENT TO INCREASE ITS LIMIT OF LIABILITY BE CONSTRUED OR INTERPRETED TO HOLD IT OR ITS AGENTS, REPRESENTATIVES, SUPPLIERS, SERVICE PROVIDERS, OR SUBCONTRACTORS (INCLUDING COMPANY RELATED PARTIES) AS INSURERS. THIS LIMITATION OF LIABILITY SPECIFICALLY COVERS LIABILITY FOR: LOST PROFITS; LOST OR DAMAGED PROPERTY; LOSS OF USE OF PROPERTY OR THE PREMISES; GOVERNMENTAL FINES AND CHARGES; AND THE CLAIMS OF THIRD PARTIES. ALSO COVERED BY THIS LIMITATION OF LIABILITY ARE THE FOLLOWING TYPES OF DAMAGES: DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (DAMAGES THAT RESULT FROM AN ACT, INCLUDING PUNITIVE DAMAGES).
SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE. - NOTICES. Notices will be effective hereunder when and only when they are reduced to writing and delivered, by next day delivery service, with proof of delivery, or mailed by certified or registered mail, return receipt requested. If sent to Client, then the notice shall be sent to Client’s Billing Contact Person at the Billing Address set forth in the Quote. If sent to Titan, the notice shall be addressed to: Titan Protection and Consulting, Inc., 9350 Metcalf Ave. – Suite 210, Overland Park, KS 66212, Attn: Ryan Smith. All such notices shall be deemed given on the date delivered or the date of attempted delivery (if refused). , to the appropriate Party at its address stated below or to such person and at such address as may be designated by notice hereunder. Notices shall be deemed given on the date delivered or the date of attempted delivery, of services is refused.
- ACCEPTANCE. Client agrees that this Agreement, the Quote and the General Terms and Conditions may be signed electronically via the PandaDoc e-signature platform or such other generally recognized platform offering secure electronic signatures.
Revised 09/08/2025